Law: Income Tax Ordinance, 2001

Section: 2(36),80(2)(b),120,122(5A),122(9),Second SchedulePart-Iclause2,Clause92

THIS ORDER PASSED BY: MUHAMMAD WASEEM CH., JUDICIAL MEMBER:--------------- Both the appeals nave been filed at the instance of the Revenue against the impugned appellate order dated 30.10.2013 recorded by the learned CIR(A) Lahore wherein the learned first appellate authority annulled the orders of the taxation officer passed u/s 122(5A) of the Income Tax Ordinance, 2001 for the tax years 2007 & 2008. 2. Brief facts, leading to the disposal of present appeals, are that the taxpayer, a body corporate is running a university, filed income tax returns for the tax years under consideration which were considered to be a deemed assessment in terms of section 120 of the Income Tax Ordinance. 2001. Later on the taxation officer examined the record and found that the deemed assessments were erroneous and prejudicial to the interest of revenue as taxpayer's claim of exemption in terms of clause (2) of Part-I of Second Schedule to the Ordinance was invalid. Accordingly, he initiated the proceedings u/s 122(5A) of the Income Tax Ordinance, 2001 and issued notice u/s 122(9) read with section 122(5A) of the Income Tax Ordinance, 2001. The reply filed by the taxpayer in response to notice u/s 122(9) was turned down by the taxation officer. He, therefore, amended the assessments in terms of section 122(5A) for the tax years 2007 & 2008 by passing two separate orders both dated 12.6 2013. Being aggrieved, the taxpayer filed appeals before the learned CIR(A) who by virtue of his impugned appellate order dated supra annulled the orders of the taxation officer being contrary to law This has caused the revenue to come up in appeal before this forum. 3. The learned DR has strongly challenged the order of the learned CIR(A) and has contended that the learned first appellate authority was not justified to annul the orders of the taxation officer His arguments are in terms of grounds of appeal which are as under:- a. That the order of the learned Commissioner Inland revenue Appeals-II, Lahore is contrary to law and against the facts and circumstances of the case. b. That the learned Commissioner Inland Revenue, Appeals-!!, Lahore is not justified to annul the assessment not…

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